GR 170290; (April, 2012) (Digest)
March 17, 2026GR 192345; (March, 2017) (Digest)
March 17, 2026G.R. No. 140920 November 19, 2001
Juan Lorenzo B. Bordallo, Restituto G. De Castro and Noel G. Olarte, petitioners, vs. The Professional Regulations Commission and The Board of Marine Deck Officers, respondents.
FACTS
Republic Act No. 8544, the Philippine Merchant Marine Officers Act of 1998, took effect on March 25, 1998. It lowered the passing general weighted average for licensure examinations from 75% under the old law (P.D. No. 97) to 70%, provided no grade is below 60%. Petitioners took the Marine Deck Officers examination in April 1998. They all scored above 70% but below 75%, with no grade below 60%. The PRC, however, declared them failed, applying the old 75% passing rate. At the time of the exam, the Board had not yet issued the new syllabi and implementing rules required by R.A. No. 8544. Petitioners filed a petition before the Board, arguing they should be considered passed under the new law’s lower passing rate.
ISSUE
Whether the provisions of R.A. No. 8544, particularly its lower passing grade, were already applicable to the April 1998 licensure examinations.
RULING
Yes. The Supreme Court ruled in favor of the petitioners. The legal logic is anchored on the principle that a law’s effectivity is determined by its own provisions. R.A. No. 8544 expressly provided it would take effect 15 days after its publication in a newspaper of general circulation. It was published in the Malaya on March 9, 1998, and thus became effective on March 25, 1998, prior to the April examinations. The Court held that the failure of the administrative agencies (the Board and PRC) to prepare the new syllabi and rules on time did not suspend the effectivity of the substantive provisions of the new law, such as the revised passing grade. The examinees had a right to rely on the law as written and in force at the time of their examination. They should not be prejudiced by the government’s delay in implementing the ancillary administrative details. Consequently, petitioners, having met the 70% passing standard under R.A. No. 8544, were declared to have passed the April 1998 board examinations.